Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 08, 2021
CASE NO(S).: PL200183
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Mattamy James Street Limited Partnership
Subject: Application to amend the Official Plan - Refusal or neglect of City of Burlington to make a decision
Existing Designation: Downtown Mixed Use Centre - Downtown Medium/High Density Residential Precinct
Proposed Designation: Site Specific (To be determined)
Purpose: To permit the redevelopment of the subject lands with a seventeen-storey condominium apartment building
Property Address/Description: 2082,2086,2090 James Street
Approval Authority File No.: 505-07/17, 520-16/17
Municipality: City of Burlington
LPAT Case No.: PL200183
LPAT File No.: PL200183
LPAT Case Name: Mattamy James Street LP v. Burlington (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Mattamy James Street Limited Partnership
Subject: Application to amend Zoning By-law No. 2020 - Refusal or neglect of City of Burlington to make a decision
Existing Zoning: DRM and DRM-3
Proposed Zoning: Site Specific (To be determined)
Purpose: To permit the redevelopment of the subject lands with a seventeen-storey condominium apartment building.
Property Address/Description: 2082,2086,2090 James Street
Municipality: City of Burlington
Municipality File No.: 505-07/17
LPAT Case No.: PL200183
LPAT File No.: PL200184
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject: Site Plan
Property Address/Description: 2082,2086,2090 James Street
Municipality: City of Burlington
LPAT Case No.: PL200183
LPAT File No.: PL200185
Heard: September 28, 2021 by telephone conference call
APPEARANCES:
Parties
Counsel
Mattamy James Street Limited Partnership (“Mattamy”)
S. Snider S. Kaufman
City of Burlington (the “City”)
B. Hurley
Region of Halton (the “Region”)
K. Yerxa
MEMORANDUM OF ORAL DECISION DELIVERED BY S. JACOBS ON SEPTEMBER 28, 2021 AND ORDER OF THE TRIBUNAL
1Mattamy intends to develop a 13-storey apartment building at 2082, 2086, and 2090 James Street in Burlington. This development proposal was the result of a settlement among the parties of two of Mattamy’s three appeals to the Tribunal, for an official plan amendment and zoning by-law amendment to facilitate its development. The Tribunal, differently constituted, heard the settlement of those two appeals and approved the revised instruments through its Decision issued on May 28, 2021. In that same Decision, the Tribunal scheduled another settlement hearing for Mattamy’s site plan appeal.
2This telephone conference call (“TCC”) was intended to be the settlement hearing for Mattamy’s site plan appeal. However, the day before the TCC, Mr. Snider advised the Tribunal that the parties have not yet reached a settlement. The Tribunal understands that the City and Region provided their proposed site plan conditions to Mattamy late in the week prior to this TCC and that the parties are still in discussions to settle the conditions.
3Accordingly, the Tribunal proceeded with the TCC to discuss the status of the appeal and to schedule a return date for the parties to present their settlement. Counsel advised the Tribunal that they remain confident that the parties will be able to resolve the site plan appeal. They simply require more time to do so.
4Based on the discussions during the TCC, the Tribunal rescheduled the settlement hearing to take place by TCC at 9 a.m. on Thursday, January 20, 2022.
5Individual(s) are directed to call 416-212-8012 or Toll Free 1-866-633-0848 on the assigned date at the correct time. When prompted, enter the code 4779874# to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call and at the correct time. Questions prior to the call may be directed to the Tribunal’s Case Coordinator having carriage of this case.
No further notice of the hearing will be given.
6The parties shall submit their settlement materials to the Tribunal, including an Affidavit from a land use planner and a draft Order, on or before Thursday, January 13, 2022.
7This Member is not seized.
8This is the Order of the Tribunal.
“S. Jacobs”
S. JACOBS
ViCE-Chair
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.